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$4,000 Award to IN Jail Prisoner Placed on Suicide Watch by The U.S. District Court for the Northern District of Indiana denied a motion by the Allen County, Indiana sheriff and two sheriff's deputies, defendants, for judgment notwithstanding the verdict (JNOV) or a new trial. A former county jail prisoner …
$380,000 Award Against Louisiana Sheriff and Deputy Upheld in Jail Rape Case by The U.S. Court of Appeals for the Fifth Circuit upheld a U.S. District Court's award of punitive and compensatory damages to a plaintiff who was beaten and raped in jail. Plaintiff, a white male, filed a §1983 …
Confinement in Strip Cells as Disciplinary Tool Unconstitutional by New York prisoners Mosher and Wright brought separate § 1983 actions, later consolidated, against a prison warden for Eighth Amendment violations stemming from their confinement in a strip cell." Strip cells are used for psychiatric observation; they are bare and have …
Mental Health Supervisor Granted Qualified Immunity in Prisoner's Sexual Assault by Mental Health Supervisor Granted Qualified Immunity in Prisoner's Sexual Assault The U.S. Tenth Circuit Court of Appeals has affirmed a federal district court's grant of summary judgment on qualified immunity grounds to a mental health institution's supervisor against a …
Article • May 15, 2007
Nevada Prisoner's Dismissed Deliberate Indifference Claim on ETS Exposure Reversed by Nevada Prisoner's Dismissed Deliberate Indifference Claim on ETS Exposure Reversed The U.S. Ninth Circuit Court of Appeals reversed the U.S. District Court of Nevada's dismissal of a prisoner's claim that state prison officials were deliberately indifferent in exposing him …
Article • May 15, 2007
Injunction Against Placing New Prisoners in Lorton by The U.S. District Court for the District of Columbia granted prisoner-plaintiffs' motion for a preliminary injunction enjoining the District of Columbia Department of Corrections from designating the Lorton Correctional Complex as the place of confinement for any newly-sentenced prisoners due to serious …
Jailers Denied Qualified Immunity on Prisoner Assault by The U.S. Eighth Circuit Court of Appeals, reversing an Arkansas U.S. District Court, denied qualified immunity to jailers who knowingly celled an arrestee with his known enemy, resulting in an assault on the arrestee. Rod White was arrested and booked at the …
Prisoner Awarded $130,000 in § 1983 Claim, JNWV Motion Denied by Prisoner Awarded $130,000 in § 1983 Claim, JNWV Motion Denied Prisoner brought an action under 4.2 U.S.C. § 1983 against the Director of the Michigan DOC, a nurse supervisor and others after he was raped in a prison infirmary. …
Dismissal and QI Denied in Cross-Gender Pat Searches by The Federal District Court in Connecticut has found that fact issues remain regarding the constitutionality of cross gender pat searches and whether appropriate steps were taken to protect a female prisoner after she reported sexual assaults by a guard. Qualified immunity …
Article • May 15, 2007
No Constitutional Right Created By State Jail Standards by The U.S. Fifth Circuit Court of Appeals held that Texas jail standards did not create a constitutional right and therefore were not enforceable under 42 U.S.C. § 1983. The Texas Commission on Jail Standards was created by the Texas Legislature to …
South Dakota Prison Conditions Unconstitutional by The Eighth Circuit Court of Appeals held that double ceiling may violate the Eighth Amendment in light of other serious deficient conditions of confinement, and a district court may use expert testimony to set prison maximum capacity. This was a class action filed by …
Los Angeles County Jail Conditions Unconstitutional by A California federal district court held the conditions at the Los Angeles County Jail were unconstitutional. This class action suit resulted in a non-jury trial that alleged violations of the pre-trial detainees' constitutional rights under the Fourteenth Amendment. The court found the detainees …
Delay in Treating Broken Foot States Cause and Shows Deliberate Indifference by The Eleventh Circuit Court of Appeals held that the delay of a few hours in treating a prisoner's broken foot states a constitutional claim. This action was filed by a prisoner of the Hamilton County Jail. The prisoner …
Article • May 15, 2007
Oregon Prisons Ordered to Reduce Population to Design Capacity by An Oregon federal district court entered injunctive relief requiring prison officials at the Oregon State Penitentiary, the Farm Annex, and Oregon State Correctional Institution to bring the population at those prisons to design capacity. This class action suit alleged the …
Prisoner's Presence at Civil Trial May Be Ordered by The Fourth Circuit Court of Appeals has outlined the considerations a district court should make when deciding whether to stay a prisoner's civil rights action pending the prisoner's release from prison. The prisoner was detained in the Baltimore City Jail pending …
Article • May 15, 2007
Marshalls Liable for Delay in Treating Detainee's Broken Arm by The Fourth Circuit Court of Appeals held that delay in treatment for a broken arm is actionable. This action was filed by a federal prisoner awaiting trial on federal bank robbery charges and held in the Alexandria, Virginia local jail …
7th Circuit Upholds Dismissal Of Raped Prisoner's Eighth Amendment Claims by In this civil rights lawsuit brought by an Illinois prisoner who alleged prison officials violated his Eighth Amendment rights by failing to protect him from being raped and then by denying him prompt medical attention., the U.S. Seventh Circuit …
Fifth Circuit Reverses Dismissal of Suit Against Prison Contractor by The U.S. Fifth Circuit Court of Appeals held in an unpublished opinion that a prisoner's lawsuit against a private prison operator should not have been dismissed on Eleventh Amendment immunity grounds. While confined in a prison operated by Cornell Corrections …
Article • May 15, 2007
Prison Conditions Decree Extended by The court of appeals for the Fourth circuit held that extending a consent decree was proper where prison officials had not fully complied with the terms of the decree. Maryland prisoners entered into a consent decree with prison officials over inhumane conditions at a prison …
Colorado Prisoners Awarded $45,466 In Attorney Fees And Costs by The U.S. District Court for the District of Colorado held that prisoners who had settled their civil rights lawsuit over conditions of confinement were entitled to attorney fees. Plaintiffs, prisoners confined in the Rifle Correctional Center, brought civil rights action …
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